Delay in possetion of flat
I have book 1BHK flat in year Oct 2012 at Panvel (Navi Mumbai) Dist.: Raigad, Maharashtra. But I have not get possetion of my flat from builder, and as per the date mention in agreement (deed) builder should have to give me possetion in Dec2014.
Every time when I have approach him to ask regarding possetion hi given me new deadline. Last time when I meet him then he have committed me to give possession in midweek of Jan 2016 and now again when I ask him regarding possetion he reply that he will give possetion till end of Feb2016.but as compare to work going on construction side I don’t think he will able to give possetion till end of Feb2016.
I have paid 20% amount as cash to builder and remaining 80% (i.e. Rs.1089138) I have taken loan from DHFL finance company And out of total loan amount bank has disbursed amount of Rs.767250 to the builder. I have paid PRE-EMI to bank from Dec2014 to Dec2015 amount of approx. Rs.80,000 till date.
So my concern is if I force builder to refund me amount of Pre-EMI that I have paid till date to bank, then can he should have to give me? Or otherwise in case if he can’t to do so then can I approach to consumer court to claim this amount to refund me from builder?
Please suggest me what can I have to do?